If a person is injured in his person or property by collision with the engine or any car of a railroad corporation at a crossing and it appears that the corporation neglected to give the signals required by the General Railroad Law and that such neglect contributed to the injury, the corporation shall be liable for all damages caused by the collision or to a fine recoverable by indictment, unless it is shown that in addition to a mere want of ordinary care the person injured or the person having charge of his person or property was at the time of the collision guilty of gross or wilful negligence or was acting in violation of the law and that such gross or wilful negligence or unlawful act contributed to the injury.
S.C. Code Ann. § 58-17-1440
Penalty and damages for injury at crossing not having required signals
Applied in 1 court decision — leading case Webb v. CSX Transportation, Inc. (2005)
Most recently applied in Webb v. CSX Transportation, Inc. (June 2005)
1962 Code SECTION 58-1004; 1952 Code SECTION 58-1004; 1942 Code SECTION 8377; 1932 Code SECTION 8377; Civ
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.